Babarao Sakharam Kavhale And Others v. The State Of Maharashtra And Others

-1IN THE NATIONAL LOK ADALAT PRESIDED OVER BY HON'BLE SHRI JUSTICE NEERAJ P. DHOTE, HELD ON 13.09.2025 AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD ...

FIRST APPEAL NO. 2961 OF 2016 1] Babarao S/o. Sakharam Kavhale (Died), Age : 38 years, Occupation : Agriculture, R/o. Kedar Wakdi, Taluka Mantha, District Jalna.

2] Tatyarao S/o Babarao Kavhale, Age : 40 years, Occupation : Agriculture, R/o. Kedar Wakddi, Taluka Mantha, District Jalna.

3] Sandip S/o Babarao Kavhale, Age : 35 years, Occupation: Agriculture, R/o. Kedar Wakdi, Taluka Mantha, District Jalna.

Appellants [Original Claimants]

Versus

1] The State of Maharashtra, Through the Collector, Jalna, having his office at Collector Office, Jalna. 2] The Special Land Acquisition Officer, M.I.W. Jalna, having his office at Collector Office, Jalna.

3] The Executive Engineer, Nimna Dudhna Project, Having his office at Jayakwadi, Selu, Tq - Selu, Dist. Parbhani.

... Respondents ....

Mr. Vitthal D. Bhise - Advocate for the Appellants Mr. A. M. Phule - AGP for State Mr. Shyam C. Arora - Advocate for Respondent No. 3 Mr. Deepakkumar Dongre - Executive Engineer, Jalna Irrigation Division, Jalna.

.....

-2ORDER : - 1.

This Appeal is placed today before National Lok Adalat with the consent of the parties.

2.

Mr. Deepakkumar Dongre, Executive Engineer, Jalna Irrigation Division, Jalna, who is the authorized signatory of the Acquiring Body, the Appellants along with their learned Advocate Mr. Vitthal D. Bhise, learned AGP for the State Mr. A. M. Phule, and Mr. Shyam C. Arora, learned Advocate for Respondent No. 3, are present.

3.

The learned Advocates appearing on behalf of both the parties/sides submit that, as far as interest under Sections 28 and 34 of the Land Acquisition Act awarded by the Special Land Acquisition Officer [for short 'SLAO'] as well as Reference Court, shall be as per the decision of the Full Bench of this Court in State of Maharashtra Versus Kailash Shiva Rangari, 2016(4) ALL MR 513, and the decision of the Single Bench of this Court in The State of Maharashtra V/s Ramesh Tukaram Meshram, 2018 (1) ALL MR

645. They have submitted that the impugned Award be modified to that extent as far as interest is concerned.

-34.

Considering the legal position in both the Judgments [supra], the impugned Award stands modified as follows. [i] Interest shall be calculated, if required, as per two Judgments in Kailash Rangari and Ramesh Meshram [supra].

[ii] The Acquiring Body / State shall deposit the amount of compensation as per the modified Award within a period of twenty-four [24] months from the date of this Award. [iii] If the Acquiring Body commits breach in depositing the amount under this Award within a period of twenty-four [24] months, in that case, the Claimants shall be entitled to statutory interest, excluding the period caused in filing the Appeal.

[iv] The amount deposited in this Court or which would be deposited in this Court shall be paid to the Claimants in terms of this Award, and excess amount, if any, shall be refunded to the Acquiring Body.

[v] The Appellants/Claimants are entitled to withdraw the amount after deposit by the Acquiring Body.

5.

The Appeal stands disposed off in terms of the Compromise Pursis, which is taken on record and marked as "X".

-46.

The Court Fees Refund Certificate shall be issued as per Rules.

7.

Pending civil application/s, if any, stand/s disposed off. (Mrs. Yogita Thorat-Kshirsagar) (Kishor R. Chaudhari) (Neeraj P. Dhote) Advocate District Judge (Retd.) Judge Head of the Panel Member Member Date: 13.09.2025 Place: Aurangabad SG Punde Signed by: Sandeep Gulabrao Punde Designation: PS To Honourable Judge Date: 23/09/2025 11:15:16